Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery”

Councillor J Knapman reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillor Bill Easton who died on 24 December 2008.

Bill Easton represented the Roydon Ward for 12 years between 1984 and 1996. He was Chairman of the Council in 1993/94 and Vice-Chairman of the Council in  1992/93.

It was with much sadness that the Chairman informed the Council of the death of former District Councillor Bill Easton.

Following the Chairman’s announcement, Councillors Mrs D Collins and R Morgan paid tribute to former Councillor Easton.  Members were advised that Bill Easton had represented the Roydon Ward for 12 years between 1984 and 1986.  He had been Chairman of the Council in 1993/94 and Vice Chairman of the Council in 1992/93.

The Council expressed their condolences to the family of Bill Easton.  All present stood for a minute’s silence in tribute to the memory of former Councillor Easton.

To approve as a correct record and sign the minutes of the meeting held on16 December 2008 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 16 December 2008 be taken as read and signed by the Chairman as a correct record.

(Chief Executive) To declare interests in any item on the agenda.

There were no declarations of interest made pursuant to the Council’s Code of Member Conduct.

(a)            Apologies for Absence

(b)            Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(a)       Announcements by the Chairman

Councillor Knapman reported on his attendance at the following events during the past month:

(i)         the Redbridge Annual Pantomime;

(ii)        the Tudors and Stuarts Exhibition at Epping Forest District Museum.

The Chairman was advised that he would be attending the opening of a Medieval Treasures Exhibition at Epping Forest District Museum on 18 February 2009.

The Chairman reminded members that his Charity Quiz would be held on 20 February 2009 at Theydon Bois Village Hall.  He expressed his thanks to Ian Willett and other officers for organising the event.  He also reminded members of the need to reply to his invitation to attend the Civic Awards event on 20 March 2009.

The Chairman advised that he had provided a tour of the Civic Offices and afternoon tea for representatives of an Indian school participating in an exchange with St John’s School, Epping.  He advised that the exchange formed part of the Youth Sports Trust/UK Sport Initiative to ensure a long lasting legacy to sport following the 2012 London Olympics.

The Chairman announced that he would be participating in an abseil of the Church Langley Water Tower, Harlow on 2 May 2009 and would be seeking donations to his charity.

(b)       Announcements by the Leader of the Council and other Cabinet members

There were no announcements made by Cabinet members.

To answer questions asked after notice in accordance with the provisions contained in paragraph 9.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)           to the Leader of the Council;

(b)           to the Chairman of the Overview and Scrutiny Committee; or

(c)          to any Portfolio Holder.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

No public questions had been received for consideration at the meeting.

To receive reports from the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet on matters falling within their area of responsibility:

(a)         Report of the Leader;

(b)         Report of the Chairman of the Overview and Scrutiny Committee;

(c)         Report of Civil Engineering and Maintenance Portfolio Holder;

(d)         Report of Community Wellbeing Portfolio Holder;

(e)     Report of Corporate Support and ICT Services  Portfolio Holder;

(f)          Report of Environment Portfolio Holder;

(g)        Report of Finance and Performance Management Portfolio Holder;

(h)        Report of Housing Portfolio Holder - attached;

(i)          Report of Leisure and Young People Portfolio Holder - attached;

(j)          Report of Planning and Economic Development Portfolio Holder.

The Council received written reports from the Chairman of the Overview and Scrutiny Committee, the Civil Engineering and Maintenance Portfolio Holder, the Community Wellbeing Portfolio Holder, the Environment Portfolio Holder, the Housing Portfolio Holder and the Leisure and Young People Portfolio Holder.

The Chairman invited the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet to provide an oral report or an oral update of their written reports.

(a)        Leader of the Council

Councillor Mrs Collins expressed her gratitude to the Council’s Land Drainage Team for their work on the evening/early hours of 9/10 February 2009 in clearing a blockage from a storm grill in Loughton which had saved many residents and businesses in Loughton High Road from the very real possibility of a major flooding incident.  The Leader advised that the Council’s officers had acted when the Environment Agency whose responsibility it was to deal with such matters had advised that they were unable to assist.  Councillor Mrs Collins reported that she would be writing to the Environment Agency expressing disappointment at their response.

The Leader thanked Sita, the Council’s waste collection contractors, for their work in collecting recycling materials and waste speedily after the disruption to the service caused by the severe weather conditions.

Councillor Mrs Collins advised that on 30 January 2008 she had hosted an event at which she had announced the Staff Awards for 2008/9.  Together with the Environment Portfolio Holder, Councillor Mrs Sartin, she had presented certificates to the winners and high commendation certificates to the runners up in each of three categories.  She also advised that the winners of each category would be presented with a trophy at the Annual Civic Awards event on 20 March 2009.  The Council noted that the winners in each of the categories were as follows:

Improving Services for the Community – Simon Hill

Innovation – The Youth Council Strategy Team

Dealing with the Public – Epping Forest Careline

Councillor Mrs Collins advised that she was continuing to attend meetings with Harlow Renaissance about the delivery of regeneration projects and the planning of the growth of Harlow.

The Leader advised that on 13 February 2009 she had received a large number of responses to the Consultation on Options for the Development Plan Provision for Gypsies and Travellers signed by several thousand residents.  She advised that officers were continuing to collate responses and reminded members that the consultation exercise would finish at 5 pm on 20 February 2009.

The Council noted that together with the Planning and Economic Development Portfolio Holder, Councillor Mrs Grigg, the Leader had met with residents and traders to discuss the Loughton Broadway Town Centre Enhancement Scheme.

The Leader reported that work had commenced on a design brief for development in the vicinity of St John’s Road, Epping.

Councillor Mrs Collins advised that together with the Environment Portfolio Holder, Councillor Mrs Sartin, she had attended Epping Forest College and had met the Acting Principal.  She had also  ...  view the full minutes text for item 111.

Council Procedure Rule 10.6 provides for questions by any member of the Council to the Leader, Chairman of the Overview and Scrutiny Committee or any Portfolio Holder, without notice on:

(i)   reports under item 7 above; or

(ii)  any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

Council Procedure Rule 10.7 provides that answers to questions without notice may take the form of:

(a)     direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)     direct oral answer from the Chairman of the Overview and Scrutiny Committee or, at their request, from another member dealing with that issue as part of an Overview and Scrutiny review;

(c)     where the desired information is in a publication of the Council or other published work, a reference to that publication;

(d)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(e)     where the question relates to an operational matter, the Leader, Chairman of the Overview and Scrutiny Committee  or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Chief Officer.

In accordance with the Council Procedure Rule 10.8, a time limit of twenty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further 10 minutes to ensure that all political groups and independent members may have their questions answered.

(a)        Flooding

By Councillor Mrs P Richardson to Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Richardson asked if it would be possible to recharge the Environment Agency for the work undertaken by Council officers in preventing flooding.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins advised that she would be pursuing this suggestion.

(b)       In-house Services

By Councillor R Frankel to Councillor Mrs D Collins, Leader of the Council

Councillor Frankel referred to the work undertaken by officers in preventing flooding in the District and asked if she agreed this was an endorsement for keeping services in-house even if apparent savings could be achieved by outsourcing.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins advised that the Council had retained the services of the two Land Drainage officers even though the responsibility for this type of work now rested with the Environment Agency following the award of a contract to them.

(c)        Epping Forest College

By Councillor Mrs P Richardson to Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Richardson asked if the Leader was aware of changes to take place in 2010 whereby the Learning and Skills Council would no longer have responsibility for colleges.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins confirmed that she was aware of this change which would result in the County Council taking over responsibility.  She advised that this was part of the reason the College was not receiving the level of support it required to improve and for this reason the local Member of Parliament had made representations to the Education Minister.

(d)       Waste Management Service

By Councillor J M Whitehouse to Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Whitehouse asked if it was the Portfolio Holder’s intention to consult other members before making decisions about the collection of food waste.

Response by Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Mrs Sartin confirmed that discussions would take place through the Partnership Board, the Safer, Cleaner, Greener Scrutiny Panel and the Cabinet.

(e)       Waltham Abbey Sports Centre

By Councillor Mrs P Brooks to Councillor Mrs H Harding, Leisure and Young People Portfolio Holder

Councillor Mrs Brooks referred to the decision to end the Joint User Agreement with King Harold School and asked what steps were being taken to ensure continuity of public use of sports facilities in the locality pending the provision of new facilities at the Waltham Abbey Swimming Pool.

Response by Councillor Mrs H Harding, Leisure and Young People Portfolio Holder

Councillor Mrs Harding referred to the long relationship with the school and expressed the hope that the school would encourage the local community to use the facility when it was not in use by the school.  She acknowledged there would be a reduction in District Council provision for a period but referred to the availability of facilities at other sports and leisure centres across the District.  ...  view the full minutes text for item 112.

To consider any motions, notice of which has been given under Council Procedure Rule 11.

(a) Local Development Framework Cabinet Committee

“(1) That a Local Development Framework Cabinet Committee be appointed with the following terms of reference:

(a) To oversee and submit recommendations to the Cabinet as appropriate on:

(i)  the preparation of the Local Development Framework (LDF);

(ii) the preparation of the Core Strategy including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(iii) the preparation of other Development Plan Documents including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(iv) the preparation of Supplementary Planning Documents including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(v) the revision of the Local Development Scheme and monitoring the achievement of milestones;

(b) To consider and provide input to consultants’ reports which contribute to the establishment of an up-to-date evidence base to influence preparation of the LDF;

(c) To consider options for joint or co-ordinated working with other councils, which best meet the needs of this District, as required by the East of England Plan and (where relevant) the London Plan and to make recommendations to the Cabinet thereon;

(d) To consider the comprehensive review of the East of England Plan, and make recommendations to the Cabinet on any responses to be made;

(e) To liaise with the Planning Services Scrutiny Standing Panel as appropriate; and

(f) To work within the budgetary provision for the LDF, as approved by the Cabinet and the Council;

(2)  That the membership of the Committee comprise of those members of the Cabinet to be nominated by the Leader of the Council at this meeting;

(3) That the Committee be chaired by the Portfolio Holder for Planning and Economic Development;

(4) That the first meeting of the Committee be held on 24 March 2009.”

Mover: Councillor Mrs D Collins

Seconder: Councillor Mrs A Grigg

(b) Concessionary Fares – London Underground Service

“That this Council agrees to introduce free London Underground passes for residents in our District of age 65 and over to include the Central Line to Epping bearing in mind that this District is the only area served by the Underground without this valuable facility”.

Mover: Councillor D Bateman

Seconder: Councillor H Ulkun

(c) Motions, if any, will follow if not received in time to be incorporated into the agenda.

(a)        Local Development Framework Cabinet Committee

Moved by Councillor Mrs A Grigg and seconded by Councillor Mrs D Collins

“(1) That a Local Development Framework Cabinet Committee be appointed with the following terms of reference:

(a) To oversee and submit recommendations to the Cabinet as appropriate on:

(i)  the preparation of the Local Development Framework (LDF);

(ii) the preparation of the Core Strategy including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(iii) the preparation of other Development Plan Documents including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(iv) the preparation of Supplementary Planning Documents including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(v) the revision of the Local Development Scheme and monitoring the achievement of milestones;

(b) To consider and provide input to consultants’ reports which contribute to the establishment of an up-to-date evidence base to influence preparation of the LDF;

(c) To consider options for joint or co-ordinated working with other councils, which best meet the needs of this District, as required by the East of England Plan and (where relevant) the London Plan and to make recommendations to the Cabinet thereon;

(d) To consider the comprehensive review of the East of England Plan, and make recommendations to the Cabinet on any responses to be made;

(e) To liaise with the Planning Services Scrutiny Standing Panel as appropriate; and

(f) To work within the budgetary provision for the LDF, as approved by the Cabinet and the Council;

(2)  That the membership of the Committee comprise of Councillors R Bassett, Mrs D Collins, Mrs A Grigg, Mrs M Sartin, D Stallan, Ms S-A Stavrou, and C Whitbread;

(3) That the Committee be chaired by the Portfolio Holder for Planning and Economic Development;

(4) That the first meeting of the Committee be held on 24 March 2009.”

Mover: Councillor Mrs D Collins

Seconder: Councillor Mrs A Grigg

By leave of the Council it was agreed that the motion be amended to allow for the first meeting of the Committee to be held on a date to be notified.

Carried

Motion as amended ADOPTED

            RESOLVED:

            (1) That a Local Development Framework Cabinet Committee be appointed with the following terms of reference:

(a) To oversee and submit recommendations to the Cabinet as appropriate on:

(i)  the preparation of the Local Development Framework (LDF);

(ii) the preparation of the Core Strategy including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(iii) the preparation of other Development Plan Documents including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(iv) the preparation of Supplementary Planning Documents including agreement of consultation stages and documentation, and the responses that should be made to any representations received;

(v) the revision of the Local Development Scheme and monitoring the achievement of  ...  view the full minutes text for item 113.

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)               to the Chairman of the Council;

(b)               to the Leader of the Council;

(c)               to the Chairman of the Overview and Scrutiny Committee or

(d)               to any Member of the Cabinet;.

Council Procedure rule 10.4 provides that answers to questions under notice may take the form of:

(a)       direct oral answer;

(b)       where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)       where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

(a)        To any member of the Cabinet

(i)         Green Waste Collection System

By Councillor Mrs C Pond to Councillor Mrs M Sartin, Environment Portfolio Holder

“When the proposed changes to the green waste collection system are made:

(a)        will residents be able to put out just the food waste kerbside caddy for collection when they have no garden waste?

(b)        will arrangements be made for residents faced with difficulties such as steep drives or steps, terraced properties with no front gardens, or who are elderly or otherwise unable to manage a garden waste bin, to opt out of having a second wheeled bin and, if so, what mechanism does the Portfolio Holder envisage to allow this?

(c)        will food waste wrapped in newspaper or biodegradable bags be acceptable in the caddy?

(d)        will the Portfolio Holder consider using the stockpile of wheeled bins at North Weald Airfield for green waste, with a suitably painted lid, or label?”

Response read by Councillor Mrs M Sartin, Environment Portfolio Holder

“Cabinet, at its special meeting on 19 January 2009 approved the basic principles of the new service.  There is much work yet to be done on the final arrangements.  However, I shall endeavour to respond to the Member’s questions, as at the current point in time.

(a)        In all probability the answer will be yes.  However, the contractor will only be able to collect either the new wheeled bin with commingled waste or the kerbside caddy with kitchen waste only, not both.  This is because the collection of additional containers adds time to the collection process, which will in turn increase the cost of the service.

(b)        The situation with the second wheeled bin is no different than with the existing residual bin.  There will be a presumption that residents will use the provided second wheeled bin for commingled waste.  If properties are currently suitable for the residual wheeled bin they will be considered suitable for the second.  As in the present system, residents with particular issues or difficulties will be assessed by the waste management officers and appropriate arrangements made where practical to do so, including for example assisted collections.  It is important to recognise however, that under the new regime, the use of biodegradable sacks will cease completely.

(c)        This cannot be answered at this stage, since the answer depends upon the nature of the in-vessel composting facility which Sita eventually use.  Some are able to accept paper and special compostable sacks, and others are not.  Information will be made available once Sita have made their decision on the facilities to be used for the commingled waste.

(d)        The Council proposes to use standard coloured bins (i.e. the same as current residual bins) with different coloured lids for the new service.  This will enable a speedier and cheaper procurement whilst providing flexibility between the containers for the residual and commingled waste service.  Therefore, depending upon the size of bin selected and the stock at North Weald, it  ...  view the full minutes text for item 114.

To consider a report – to follow.

Councillor Mrs D Collins, Leader of the Council and Chairman of the Cabinet, invited the Finance and Performance Management Portfolio Holder to present this report of the Cabinet.

(Mover:  Councillor C Whitbread, Finance and Performance Management Portfolio Holder)

The Portfolio Holder reported on the process for preparing the budget which had involved all members through Overview and Scrutiny, the Finance and Performance Management Cabinet Committee and the Cabinet.  He drew attention to matters which have been taken into account in preparing the budget including:

(a)        the “credit crunch” and reduced housing market activity;

(b)        taking forward Safer, Cleaner, Greener  and Waste Management;

(c)        future provision of leisure facilities in Epping and Waltham Abbey;

(d)        pay disputes and utility costs;

(e)        need to obtain annual approval for capitalisation of pension deficit payments;

(f)         introduction of nationwide concessionary fares scheme; and

(g)        Customer Service Transformation Programme.

He advised that the revised budget guidelines reflecting the worsening economic climate, clearer costs on Leisure and Waste Management and slippage in the District Development Fund had been established as:

(a)   the ceiling for Continuing Services Budget net expenditure to be no more than £17.9M including net growth/savings;

(b)   the ceiling for District Development Fund net expenditure to be no more than £700,000;

(c)   the District Council Tax to be increased by no more than 2.5%.

Councillor Whitbread reported that the CSB total was £115,000 above the target of £17.9M. However, the Cabinet has decided that this was not significantly above the target and that a CSB total of £18.015M was acceptable.

Councillor Whitbread also reported that the DDF programme exceeded the target by £536,000. He advised that this excess was also considered to be acceptable by the Cabinet. He pointed out that all of the DDF items currently programmed to the end of 2012/13 could be funded from within existing DDF resources. Also recent experience had shown that there was usually a substantial slippage on the DDF.

Councillor Whitbread advised that the proposed increase in District Council Tax of 2.5% complied with the previously set target.

The Council was advised that the opening revenue reserve for 2009/10 would be just over £8M and although the estimates for 2009/10 showed a reduction of £704,000, reserves would still be above £7M. Councillor Whitbread drew attention to the Medium Term Financial Strategy which showed deficit budgets for the three years 2009/10 to 2011/12. Members noted that the level of deficit peaked at £704,000 in 2009/10 and returned to breakeven in 2012/13 through CSB savings of £300,000 in 2010/11 and 2011/12 reducing to £250,000 in 2012/13.

The Portfolio Holder thanked the Director of Finance and his officers for their work in preparing the Budget.

By leave of the Council, Councillor Whitbread added the following recommendations to those set out in the report of the Cabinet:

“(13) That it be noted that the Portfolio Holder for Finance and Performance Management will be monitoring progress towards achieving the Council’s midterm budget strategy and will be holding regular informal meetings with Portfolio  ...  view the full minutes text for item 115.

To consider a report – to follow.

(Mover:  Councillor Mrs D Collins, Leader of the Council)

The Leader of the Council submitted a report proposing a programme of meetings of the Council for the municipal year 2009/10.

Report as first moved ADOPTED

            RESOLVED:

            That the calendar of meetings for the period May 2009-May 2010 attached as Annex 11 to these minutes be adopted.

To consider the attached report.

(Mover:  Councillor R Morgan, Chairman of the Overview and Scrutiny Committee)

Councillor Morgan submitted a report proposing changes to the arrangements for the recruitment of consultants.

Report as first moved ADOPTED

            RESOLVED:

            That the revised Contract Standing Order C14 as set out in Appendix 1 to the report of the Committee be approved.

To consider the attached report.

(Mover:  Councillor R Morgan, Chairman of the Overview and Scrutiny Committee)

Councillor Morgan submitted a report following an annual review of Contract Standing Orders to reflect changes in the law or operational matters regarding interpretation and good governance.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That Contract Standing Order CSO C1 be amended by the addition of a new sub-paragraph (13) as follows:

"(13)    Chief Officers are required to ensure that, whichever procurement method is selected, they obtain the appropriate approval from a Portfolio Holder or the Cabinet in accordance with the value thresholds for contracts as set out in these Contract Standing Orders."

(2)        That CSO C1 be amended by the addition of a new sub-paragraph (14) as follows:

"(14)    The provisions of Contract Standing Orders relating to competitive quotations or tenders and use of the Essex Procurement Hub shall not apply to the procurement of goods or services from its own works organisations or equivalent unless in the opinion of the relevant Head of Service there are clear value for money reasons for doing otherwise."

and that the subsequent paragraphs of this Standing Order be re?numbered accordingly;

(3)        That CSO C15 be amended by the addition of the following new sub?paragraphs to be numbered (1) and (7):

"(1)      All specifications for the provision of goods and services by tender or quotation shall include a statement advising potential bidders that details of their tender may be published in the public agenda or minutes of the Council or may become available as a background paper or by means of Freedom of Information Act (FOI) request in response to which the Council would provide any information which is not covered by any of the Statutory Exemptions."

"(7)      Specifications for tenders and quotations shall include a statement regarding the Council’s policy of paying invoices within 20 days of receipt and a requirement for the following:

(a)        the submission of a statement of the policies of tenderers regarding payment of sub contractors and suppliers and the timescales which apply to such payments; and

(b)        a statement by the Council that the statement under (a) above will be taken into in the Council’s assessment of all tenders and quotations.”

and that the other paragraphs of this Standing Order be renumbered accordingly.

(4)        That CSO C34 be amended by the addition of a new sub-paragraph (1) as follows:

"(1)      Chief Officers are required to obtain, where possible, at least one quotation or tender from a business located in the Epping Forest District (including those with headquarters elsewhere) for any contract or official order being placed by the Authority, provided that in awarding the contract to a local business, the Council's duty to achieve value for money and to comply with legal duties and any other requirements of Contract Standing Orders is not compromised."

(5)        That Contract Standing Order C32 be amended by paragraph (2) being substituted with the following revised wording:

"(2)      The Director of Corporate Support Services may negotiate, agree terms and  ...  view the full minutes text for item 118.

To consider the attached report.

(Mover:  Councillor R Morgan, Chairman of the Overview and Scrutiny Committee)

Councillor Morgan submitted a report following an annual review of Financial Regulations to ensure that they complied with current legal requirements and achieved good governance of the Council’s financial operations.

By leave of the Council, Councillor Morgan amended the recommendations of the Committee to omit the words “on a permanent basis”.

Report as amended ADOPTED

            RESOLVED:

            (1)        That the limit for writing-off arrears and debts in respect of Housing Benefit, National Non-Domestic Rates (NNDR), Council Tax and Sundry Debtors under delegated authority by the Director of Finance and ICT be retained at £2,500; and

            (2)        That the limit for writing off arrears and debts in respect of housing rents by the Director of Housing be retained at £2,500.

To consider the attached report.

(Mover:  Councillor R Morgan, Chairman of the Overview and Scrutiny Committee)

Councillor Morgan submitted a report following a review of the Civic and Ceremonial function of the Authority taking account of views of past Chairmen of Council and practice in other local authorities.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the following protocols be incorporated into Article 5 of the Constitution, namely:

            (i)         the appointment of the Vice-Chairman of the Council; and

            (ii)        the role of the Chairman and Vice-Chairman; and

            (2)        That the revised Constitution Article 5 (attached as Annex 12 to these minutes) incorporating changes suggested by the review, be adopted.

To consider the attached report.

(Mover:  Councillor R Morgan, Chairman of the Overview and Scrutiny Committee)

Councillor Morgan submitted a report proposing a number of changes to the operation of the Executive and in particular the powers of the Leader of the Council.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the amendments to the following parts of the Constitution as set out in Appendices to the report of the Committee be approved:

            Article 3 (Citizens and the Council) (Appendix 1)

            Article 4 (The full Council) (Appendix 2)

            Article 7 (The Executive) (Appendix 3)

            Council Procedure Rules (Appendix 4)

            Executive Procedure Rules (Appendix 5)

            Scheme of Delegation (Appendix 6);

            (2)        That the following schedules which have been compiled by separating those matters which are to be approved by the Leader of the Council and those to be determined by the Council as set out in the Appendices to the report of the Committee be noted:

            Delegation to Officers

                - Appendix 7 – Leader Approval

                - Appendix 8 – Council Approval

            Outside Bodies

                - Appendix 9 – Leader Approval

                - Appendix 10 – Council Approval;

            (3)        That the Council’s public statement regarding this review of the Council’s executive arrangements as set out in Appendix 11 to the report of the Committee be approved;

            (4)        That the deadline for submission of questions by Councillors be amended to “seven days” from “seven working days” in Council Procedure Rule 10.3 (Appendix 4 to the report of the Committee);

            (5)        That the Local Councils’ Liaison Committee, Victoria County History of Essex and the West Essex Area Forum be included in Appendix 10 to the report of the Committee;

            (6)        That the proposed changes to the Constitution be approved and authority for other minor and consequential amendments be delegated to the Assistant to the Chief Executive; and

            (7)        That the support of the Cabinet for this report be noted.

Recommendations:

(1)   To note the appointment of Mr R Thompson as an independent member of the Audit and Governance Committee with effect from 8 February 2009; and

(2)   To note that the Chairman of the Committee appointed Councillor Mrs A Haigh to take his place at the  interview of applicants as he was unwell at the time.

(Assistant to the Chief Executive) At the last Council meeting, the Chairman and Vice-Chairman of the Audit and Governance Committee were authorised to fill the vacancy on the Committee following the interview of applicants.

Three applicants were interviewed on 7 January 2009 by the Vice-Chairman of the Committee (Ms M Rickman – independent member) and Councillor Mrs A Haigh (member of the Committee in place of the Chairman of the Committee who was unwell at the time).

Following the interviews, Mr Robert Thompson was offered the position which he accepted. Mr Thompson had been a member of the Council’s Independent Remuneration Panel but as Government regulations prevent him from serving on both that Panel and the Audit and Governance Committee he decided to resign from the Panel with effect from 7 February 2009. Steps are being taken to fill the vacancy on the Panel.

The Council noted that at its last meeting, the Chairman and Vice-Chairman of the Audit and Governance Committee had been authorised to fill the vacancy on the Committee following the interview of applicants.  Members noted that three applicants had been interviewed on 7 January 2009 by the Vice-Chairman of the Committee, Ms M Rickman (Independent Member) and Councillor Mrs A Haigh (Member of the Committee in place of the Chairman of the Committee who had been unwell at the time).  Following the interviews, Mr Robert Thompson had been offered the position which he had accepted.  The Council was informed that Mr Thompson had been a member of the Council’s Independent Remuneration Panel but that as Government regulations prevented him from serving on both that Panel and the Audit and Governance Committee he had decided to resign from the Panel with effect from 7 February 2009.  Steps were being taken to fill the vacancy on the Panel.

            RESOLVED:

            (1)        That the appointment of Mr R Thompson as an Independent Member of the Audit and Governance Committee with effect from 8 February 2009 be noted; and

            (2)        That the decision of the Chairman of the Committee to appoint Councillor Mrs A Haigh to take his place at the interview of applicants as he was unwell at the time be noted.

To receive any reports, ask questions and receive answers on the business of joint arrangements and external organisations.

At the last meeting of the Council it was agreed that councillors appointed as representatives on Town Centre Partnerships would report orally to this meeting on the activities of the Partnerships and on whether the constitutions of the Partnerships have a clause requiring an invitation to be extended to residents and visitors to attend their annual general meetings.

(a)        Epping Town Centre Partnership

Councillor B Rolfe advised that the Secretary to the Partnership had resigned and that there had not been any meeting recently.  He advised that the Partnership did not intend to invite the public to their meetings and that the main aim of the Partnership was to act as a forum for traders to secure benefits for the High Street.

(b)       Ongar Town Forum – Steering Group

Councillor D Jacobs reported that the Forum was made up of local business people, shopkeepers, publicans, and residents who had the best interests of Ongar at heart.  The Forum met every eight weeks or so and in the interim smaller sub-committees met to progress individual projects.  The Forum had taken responsibility for the High Street Christmas lights for several years and had established its own newspaper, the Ongar News.  The publication was now self-financing from advertising and approximately 1,000 copies were produced each month.  The Forum had taken up several local issues including car park lighting, parking costs, local policing and a “say no to plastic bags” campaign.  The Forum had also taken over the running of the Wednesday market.  Councillor Jacobs advised that the Forum advertised its Annual General Meeting through various media.

(c)        Buckhurst Hill Town Centre Partnership

Councillor Mrs L Wagland advised that she had attended three meetings of the Partnership.  The Partnership had worked hard on a number of local issues including CCTV, a direct emergency telephone contact with the Police, the parking review and the speed of traffic in Queens Road.  She advised that she was not sure of the constitutional position in relation to annual meetings but she would endeavour to clarify the position.

(d)       Waltham Abbey Town Partnership

Councillor Mrs R Gadsby advised that the Partnership’s Constitution had been approved by Council officers and was constantly monitored.  The accounts were audited and the Partnership involved the whole town.  Working breakfasts were held with local businesses on a quarterly basis.

(e)       Loughton Broadway Town Centre Partnership

Councillor K Angold-Stephens reported that the Partnership was working well and the main topic under consideration at present was the Enhancement Scheme.  He advised that the Partnership had an open door policy but he was not sure of the constitutional position in relation to annual meetings.

(f)        Loughton High Road Town Centre Partnership

Councillor R Barrett reported that it had been difficult to get representatives of traders or residents present at meetings but attempts continued to be made.

(g)       Ongar Leisure Centre Liaison Group

Councillor G Pritchard advised that this Group provided a vital link between customers and management to enable a two-way communication.  As the Group were also users of the Leisure Centre it provided an additional means of raising small details which might otherwise be overlooked or not considered via other means of feedback.  The Group had encouraged staff and given valuable advice on energy saving measures that could be taken.  He advised that the Group currently was encouraging more young people to become  ...  view the full minutes text for item 123.

Recommendation:

To note that the Chairman of the Council agreed that the decision of the Cabinet to extend the consultation period until 5.00 pm on 20 February 2009 was reasonable in all the circumstances, should be treated as a matter of urgency and should not be subject to call-in.

(Chief Executive) The Options consultation, which identified potentially suitable sites, commenced on 4 November 2008. It was originally intended to finish on 20 January 2009, but was extended to 6 February 2009 to allow for delays caused by early printing problems and consequent lack of documents.

It was intended to hold a training session for members, local councils, local societies and other organisations before the end of 2008 to explain the new planning system (the Local Development Framework) and to advise on how best to respond to the Options consultation under the new system. Tenders for this were sent out in early December, but there were no replies the first time round. Three replies were received for a second request for tenders and Andrew Wright, of Planning Officers Society Enterprises, was appointed. His timetable meant that the earliest date he could make for the training sessions was 21 January 2009. The two sessions (the first concentrating on explaining the intentions, content and procedures of the Local Development Framework, and the second on making effective representations) were quite well attended by members, local councils and a number of local organisations.

In view of the closeness of the training sessions to the end of the consultation period, the Cabinet felt that a short extension was justified to allow respondents to take on board the information made available and discussed at the sessions. It took this decision in the knowledge that this extension should not interfere with the timetable to meet the September deadline for submission of the final version of the document.

The Cabinet also considered the decision to be an urgent matter and therefore not subject to call-in. The Chairman of the Council agreed that the decision was reasonable in all the circumstances, should be treated as a matter of urgency and should not be subject to call-in.

Members noted that the Cabinet had decided to extend the consultation period and had also considered the decision to be an urgent matter and therefore not subject to call-in.  The Chairman of Council had subsequently agreed that the decision was reasonable in all the circumstances, should be treated as a matter of urgency and should not be subject to call-in.

            RESOLVED:

            That the agreement of the Chairman of Council that the decision of the Cabinet to extend the consultation period until 5 pm on 20 February 2009 was reasonable in all the circumstances, should be treated as a matter of urgency and should not be subject to call-in be noted.